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Robbins v. Lackner

United States District Court, E.D. California

March 11, 2015

EARL J. ROBBINS, Plaintiff,
v.
LACKNER, et al., Defendants.

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

DENNIS L. BECK, Magistrate Judge.

Plaintiff Earl J. Robbins ("Plaintiff") is a California state prisoner proceeding pro se and in forma pauperis in this action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on September 23, 2014, and it was transferred to this Court on October 15, 2014. He names Sierra Conservation Center ("SCC") Warden Heidi M. Lackner, SCC Mailroom Supervisor S. Winn-Reed, SCC Mailroom Office Assistant T. Jenkins, Correctional Captain C. Koenig and numerous Does as Defendants.[1]

A. SCREENING REQUIREMENT

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious, " that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief...." Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.

Section 1983 provides a cause of action for the violation of Plaintiff's constitutional or other federal rights by persons acting under color of state law. Nurre v. Whitehead, 580 F.3d 1087, 1092 (9th Cir 2009); Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff's allegations must link the actions or omissions of each named defendant to a violation of his rights; there is no respondeat superior liability under section 1983. Iqbal, 556 U.S. at 676-77; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-21 (9th Cir. 2010); Ewing v. City of Stockton, 588 F.3d 1218, 1235 (9th Cir. 2009); Jones, 297 F.3d at 934. Plaintiff must present factual allegations sufficient to state a plausible claim for relief. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

B. SUMMARY OF PLAINTIFF'S ALLEGATIONS

Plaintiff is currently incarcerated at SCC in Jamestown, California, where the events at issue occurred.

Plaintiff alleges that individuals in the mailroom at SCC are stealing inmate stamps. The thefts were reported by numerous inmates, and Defendant Lackner "placed a memorandum stating she was not sure which shift of mailroom staff were taking inmate stamps!'" ECF No. 1, at 3. Plaintiff alleges that Defendant Lackner also allows staff to take mail and refuse to send it out.

Defendant Winn-Reed met with Plaintiff and denied any knowledge of mail issues, thereby defending staff. Plaintiff "strongly believes" that Defendant Winn-Reed knew who took inmate stamps from incoming mail. ECF No. 1, at 3.

Plaintiff also met with Defendant Koenig, who attempted to intimidate Plaintiff because he filed a 602 complaint. Plaintiff states that Defendant Koenig is aware of the mail theft issues and denial of incoming mail.

Finally, Plaintiff alleges that "C-4 1st watch staff read and process mail sending to mailroom to stop." ECF No. 1, at 3.

For relief, Plaintiff requests that criminal charges be brought against SCC staff and that a ...


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